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EB-2 NIWChemistry and materialsIndividualDecided August 2021Dismissed

Outcome: Dismissed

AUG092021_03B5203

Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed

Our summary

Industrial chemist seeking NIW for research on chemical applications. First prong met but second prong failed because patent and publications, though recognized, did not demonstrate sufficient industry impact or record of success needed to show petitioner well positioned to advance research endeavor.

Official PDF

Official PDF ↗

Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.

What the AAO accepted

  • Merit and national importance · Director's finding accepted; proposed research endeavor met substantial merit and national importance requirements.

What was missing

  • Well positioned · Patent and publication record insufficient; petitioner did not demonstrate significance of innovation or that work generated substantial industry progress.

Criteria

CriterionReadingWhy
Merit and national importanceMetDirector's finding accepted; proposed research endeavor met substantial merit and national importance requirements.
Well positionedNot metPatent and publication record insufficient; petitioner did not demonstrate significance of innovation or that work generated substantial industry progress.
Balance favors a waiverNot reached / not discussedSecond prong failed; dispositive issue means third prong analysis not reached.

A published decision describes one case. It is not legal advice and not a prediction for yours.

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